Categorized | Current Affairs

Could the Supreme Court Wait Until 2016 to Rule on ObamaScare?

Over at Freedom Works, Dean Clancy posits a freaky proposition: the Supreme Court may postpone a ruling on Obamascare until 2016. (That’s not a typo–it’s my new term for the monstrosity piece of legislation: ObamaScare.)

Say what?

“Specifically, the high Court increased the time it will devote to hearing oral arguments on whether the health care mandate is a tax for purposes of something called the Tax Anti-Injunction Act (26 U.S.C. § 7421(a)).”

Clancy, Legislative Counsel and Vice President of Health Care Policy, points out that the Tax Anti-Injunction Act, enacted in 1867:

“sweepingly forbids any court from hearing any case in which any person attempts to prevent the assessment or collection of a tax. Once the tax has been assessed and collected, however, a court may hear a case on it. The ObamaCare mandate is enforced by means of a penalty fine, collected by the IRS. With a few exceptions, this fine will be imposed on every citizen who doesn’t check a box on his tax return affirming that he has purchased government-controlled health insurance.”

Now we all know that the Obama administration speaks out of both sides of their collective mouth. Last week on Capitol Hill, Obama’s acting Budget Director Jeffrey Zients testified before a House Budget Committee that the penalty for not buying health insurance as the government mandate is not a tax. See the exchange with Rep. Scott Garrett (R-NJ) here.

So, if it’s not a tax, then this blatantly contradicts what Obama Administration lawyers are arguing across the street before the Supreme Court. In that august building, Obama lawyers contend it is a tax and therefore subject to the aforementioned Tax Anti-Injunction Act.

Clancy continues:

“Is the IRS penalty a tax, or not? So far, lower federal courts have come down on both sides of this issue. And for complicated legal reasons, the Obama Administration has actually been taking boths sides on it: in Congress, the President’s men say it’s not a tax; in court, they say it is.

If the high Court decides the mandate is a tax, it will be a dream come true for the Administration:

  • President Obama faces reelection in November 2012.
  • ObamaCare doesn’t go into full operation until January 2014.
  • The first time the IRS can levy the mandate penalty/tax won’t be until folks file their tax returns, in mid-April 2015.
  • The slow judicial process will likely delay a final Supreme Court ruling until mid-2016.

Until now, everyone has been assuming the Court will rule on the law’s constitutionality in early July, five full months before the 2012 elections.

And we’ve all been assuming that, however the Court rules, the ruling will provide voters with a critical piece of information: What does the Supreme Court think about ObamaCare’s constitutionality?

Alas, today’s development calls that assumption into doubt. The Court might punt!"


You can read the rest of Clancy’s article here.


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  • GetWhatYouPayFor

    I think I am going to be sick.

    • smbren

      That is absolutely the best comment. I believe you hit the nail on the head in just 8 words.

    • MaMcGriz

      Better not….

      obama will get you.

  • freeperjim

    Judicial tyranny!

    Of the declared candidates, ONLY Newt has been speaking out on this threat to our Constitution. He has indicated, as President, leading the effort to remove these tyrants!

    America is under attack from…
    Big Media
    Big Education
    Big Culture
    Big Unions
    Big Govt

    and so much more.

    2012 is our last chance.

    If the marxist messiah wins in 2012, it’s over regardless if the repubs take Senate and House.

    obama will rule by fiat, appoint 2 new SCOTUS judges and become dictator for life.

    The hour draws near…

  • Guest


    • MaMcGriz


  • jerseymark

    This has to be a red herring for this reason: the Court would have to first conclude that the provision in question is a tax before that statute can come into play. The Court would have to realize that by finding it to be a tax, it is kicking the can down the road a full four years which would then mean that Obamascare would be fully implemented when the ultimate decision would be reached which a finding of unconstitutionality would throw the whole healthcare sector into mass confusion and cause great harm. The Court has to know that it is far better for everyone for the Court to decide the issue now, one way or other and I believe it can take judicial notice of the fact that in its relationship with the Congress, a separate branch of government, the executive branch has taken the position that it is not a tax. IT WOULD BE THE MOST TERRIBLE MISFEASANCE BY THE SUPREME COURT TO PUT OFF THE CASE.

  • colliemum

    Old saying:

    "Justice delayed is justice denied".

    Add ‘Justice’ to your call for Freedom.

  • Dan C

    Another government institution that has failed America time after time. 

  • Betsey_Ross

    When I read this article it just drove me nuts.  I suspected they wouldn’t do anything especially since the stupid people of America elected this POS for a President in ’08.  They aren’t going to rule on it and it was predictable.  Obama trashes the Constitution every day and our so-called leaders in the House and Senate just yawn.  They have no sense of urgency and yet they keep voting for America’s destruction. Apparently the ones we sent to Congress in 2010 feel they need reinforcements.  Time to vote them all out.  

    It looks as if the Supreme Court needs to start feeling the heat, too.   Where are those checks and balances?  This government has been broken on purpose. 

    • $3069072

      right there with you Betsey. And what I come away with is: pray. Pray. And pray some more.

      In fact, I got this email the other night. It’s powerful, especially when people acutally live it:


      This is the scariest election we as Christians have ever faced, and from the looks of the polls, the Christians aren’t voting Christian values. We all need to be on our knees.

      Do you believe we can take God at His word? Call upon His name, then stand back and watch His wonders unfold. This scripture gives us, as Christians, ownership of this land and the ability to call upon God to heal it. I challenge you to do that. We have never been more desperatethan now for God to heal our land.

      This election is the scariest I remember in my lifetime. 2 Chronicles 7:14. ‘If my people, which are called by my name shall humble themselves, and pray, and seek my face and turn from their wicked ways, then will I hear from heaven, and will forgive their sin, and will heal their land.’

      During WWII, there was an advisor to Churchill, who organized a group of people who dropped what they were doing every night at a prescribed hour for one minute, to collectively pray for the safety of England , its people and peace. This had an amazing effect, as bombing stopped.

      There is now a group of people organizing the same thing here in America .

      The United States of America , and our citizens, need prayer more than ever!!! If you would like to participate, each evening at 9:00 P.M. Eastern Time (8 PM Central, 7 PM Mountain, 6 PM Pacific), stop whatever you’re doing, and spend one minute praying for the safety of the United States, our troops, our citizens, for peace in the world, the upcoming election,
      that the Bible will remain the basis for the laws governing our land, and that Christianity will grow in the U.S.

      If you know anyone who would like to participate, please pass this along. Someone said if people really understood the full extent of the power we have available through prayer, we might be speechless. Our prayers are the most powerful asset we have. Thank you.

      Please pass this on to anyone who you think will want to join us.

      God Bless You!!!"

      • Betsey_Ross

        I hear you hispanicmom, but the Lord helps those that help themselves.  This is a call to action.  Prayer being the first thing on the list.  We are in great danger and it looks as if We the People are going to have to start fighting back.  Hard!

      • MaMcGriz

        Bravo h-mom! Bravo!

        Gracias mi hermana!!

        Please, if you haven’t already, re-post this on the open thread. In my view it deserves its own thread, but just keeping it fresh every day or so on the open threads would produce powerful results.

        And I’ll be there with you all this evening, and every evening, and Our Father will hear us.

        God bless the United States of America.  

  • MaMcGriz

    I think we’re all dangerously foolish to expect anything but lawless treachery from obama and his drones. I pray we can vote them out, but I think it’s unrealistic to expect them to play by the rules and allow that to happen.

    I am not nor will I become the property of the obamastate. My healthcare, like my body, is private and I intend to keep it that way. Period.

    Slavery might work for some, but not for this mama bear.

    Resistance is NOT futile.

  • nkthgreek

    And if he were a lame duck President, can you imagine what Mr. Obama would do to the makeup of the Supreme Court? Another of many reasons for a Palin Presidency. 

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